ARTICLE
29 July 2025

The Global Guide Quarterly (Quarter 2, 2025)

In alignment with international standards and with the aim of strengthening the regulation and supervision of Angola's securities and derivatives markets, the Capital Market Commission...
Canada Employment and HR

Angola

New Regulatory Framework for Non-Bank Financial Institutions in Angola's Capital and Investment Markets

New Legislation Enacted

Authors: Elieser Corte Real, Partner and Head of Employment, and Nuno Gouveia, Partner and Head of Employment – Fatima Freitas & Associados

In alignment with international standards and with the aim of strengthening the regulation and supervision of Angola's securities and derivatives markets, the Capital Market Commission (Comissão do Mercado de Capitais – CMC) issued Regulation No. 2/25, of June 24, 2025.

This new regulation establishes the framework for the authorization, registration, and supervision of non-bank financial institutions operating within the capital and investment markets. It outlines the procedures for authorization and registration of these institutions; the duties and obligations applicable to them; the rules governing their operations and organizational structure; and the supervisory mechanisms to be applied by the CMC.

Additionally, Regulation No. 2/25 sets forth the registration process for financial institutions seeking qualification as intermediaries in the provision of investment services and activities involving securities and derivative instruments and acting as correspondents in these markets.

This regulation repeals Regulation No. 1/15, of May 15, 2015, and went into effect on June 25, 2025, the day following its publication. A 90-day transitional period has been granted to currently authorized and registered intermediary agents to bring their operations into compliance with the new regulatory requirements

Australia

Increases to High Income Threshold, Minimum Wage and Modern Award Rates

New Order or Decree

Authors: Michael Whitbread, Of Counsel, and Naomi Seddon, Shareholder – Littler

On June 3, 2025, the Fair Work Commission announced a 3.5% increase to the national minimum wage and the minimum rates of monetary entitlements in all modern awards. Effective July 1, 2025, the new National Minimum Wage rises to AUD $948.00 per week or AUD $24.95 per hour (approximately USD $625.00 per week or USD $16.45 per hour) based on a standard 38-hour work week.

Additionally, effective July 1, 2025, the Fair Work Commission increased the high-income threshold from AUD $175,000 to AUD $183,100 per annum (approximately USD $121,000 per annum). Employees who earn at, or above, this threshold, and who are not covered by a modern award or enterprise agreement, are not eligible to bring an unfair dismissal claim. The award or agreement can be excluded by offering covered employees a "guarantee of annual earnings" of at least the high income threshold.

Increase to Minimum Superannuation Contributions

New Order or Decree

Authors: Michael Whitbread, Of Counsel, and Naomi Seddon, Shareholder – Littler

On July 1, 2025, the Superannuation Guarantee rate increased from 11.5% to 12%. Importantly, this new rate applies to all wages paid on, or after, July 1, 2025, regardless of whether the payment relates to work performed before July 1. This change marks the final scheduled increase in the Superannuation Guarantee rate.

Austria

Supreme Court: Freelance Contracts Excluded from Extended Notice Periods Under Section 1159 ABGB

Precedential Decision by Judiciary or Regulatory Agency

Authors: Patricia Dasch, Associate, and Armin Popp, Partner – Littler

Freelance service providers occupy a unique position in Austrian labor law, offering services for a defined or indefinite period in exchange for remuneration, without entering into a relationship of personal dependence as seen in traditional employment. This independence is characterized by the absence of binding instructions regarding working hours, location, or conduct, and by the lack of integration into the client's business operations. As a result, freelance service providers enjoy a high degree of autonomy in how they organize their work. While Austrian labor law does extend certain protections to these providers in specific contexts, they remain fundamentally distinct from employees in terms of legal status and the nature of their working relationships

In a recent decision, the Austrian Supreme Court (OGH) confirmed that the extended notice periods introduced under Section 1159 ABGB in 2021 do not apply to freelance service contracts. The Court emphasized that these provisions are designed to protect employees who are particularly vulnerable due to their personal dependence on employers. Since freelance service providers operate with greater independence, the Court found no objective basis for extending these protections to them. Consequently, it is legally permissible to agree on shorter notice periods—such as four weeks instead of six—for freelance engagements. However, if a freelance arrangement closely resembles an employment relationship, such as through regular integration into the client's operations, the protective intent of Section 1159 ABGB may still apply, potentially requiring a six-week notice period to uphold the law's social protection goals.

No Withdrawal from a Time-Off-in-Lieu Agreement Due to Employee Illness

Precedential Decision by Judiciary or Regulatory Agency

Authors: Patricia Dasch, Associate, and Armin Popp, Partner – Littler

Time-off-in-lieu of work performed on public holidays or as overtime generally requires an explicit agreement between the employer and the employee. According to established case law, both parties are generally bound by time-off-in-lieu agreements (just as with vacation agreements). Deviation from these agreements is only permissible in exceptional cases, such as when operational necessities require it.

Thus, the Austrian Supreme Court recently ruled that employees cannot revoke an already concluded time-off-in-lieu agreement due to illness. This applies even when the time-off was intended to compensate for a particularly demanding workload, such as additional hours worked during night shifts or beyond the regular weekly working time.

Belgium

Federal Learning Account Obligations Postponed

New Legislation Enacted

Authors: Julie Rousseau, Partner, and Lotte Kempeneers, Associate – Littler

As part of the so-called Labor Deal, employers are required to register employee training via the Federal Learning Account (FLA), an online platform developed by the Belgian government. The FLA aims to give employees a clear overview of their training rights and completed courses, while enabling the government to monitor compliance with training obligations.

Although the tool is now operational, it has faced criticism for technical flaws and the significant administrative burden it places on employers. As a result, the registration deadline, originally set for November 2024, was first postponed to April 1, 2025.

A new postponement has now been announced: employers will have until September 1, 2025, to register training data. Ultimately, however, the intention is to completely phase out the FLA and replace it with a system that imposes less administrative burden.

Belgium's 2025 Program Law: Key Labor and Social Law Updates

Proposed Bill or Initiative

Authors: Julie Rousseau, Partner, and Lotte Kempeneers, Associate – Littler

A newly adopted Belgian program law—an instrument bundling fiscal, social, and economic measures to support the federal budget—introduces several notable changes to labor and social legislation.

Overtime

The law temporarily extends existing tax and social security provisions on overtime. The tax exemption for 130 hours of paid overtime, increased to 180 hours under the interprofessional agreement, is now extended until December 31, 2025. Additionally, the system of "recovery hours" (relance-uren) allows employees to perform 120 extra voluntary overtime hours—raising the total to 220 hours annually—exempt from income tax and social security contributions. This measure, initially valid through June 30, 2025, is pending extension through year-end.

Sick Leave

Employers must now include procedures for contacting sick employees in their work regulations. The waiting period to initiate a medical force majeure procedure is reduced from nine to six months. Employers may face financial penalties for failing to begin a reintegration process within six months of an employee's incapacity. The relapse period for guaranteed salary entitlement is extended from 14 days to eight weeks. Starting in 2026, only two one-day absences per year will be allowed without a medical certificate (down from three).

Parental Leave for Foster Parents

Foster parents in long-term placements will now be entitled to the same parental leave rights as biological parents—up to four months per child—provided the child is officially registered in their household.

Please note: The above measures are not yet in force. Most are still part of draft legislation or royal decrees currently under review or submitted to the Council of State.

Brazil

Brazil Reinstates eVisa Requirement for U.S., Canadian, and Australian Citizens

New Order or Decree

Author: Renata Neeser, Shareholder – Littler

Effective April 10, 2025, Brazil will require citizens of the United States, Canada, and Australia to obtain an electronic visa (eVisa) for tourism or business travel. The application must be submitted online, and applicants should allow approximately 10 business days for processing.

Although the eVisa process is straightforward, companies should advise employees to begin applications well in advance of any planned travel to Brazil to avoid delays.

Fine for Late Delivery of Termination Documents

Precedential Decision by Judiciary or Regulatory Agency

Author: Renata Neeser, Shareholder – Littler

The Brazilian Superior Labor Court (TST) recently reaffirmed that employers must pay a fine if they fail to submit termination documents to the relevant authorities within ten days of an employee's dismissal—even when severance payments are made on time.

In addition, the TST clarified that the fine must be calculated based on the employee's total compensation, not just their base salary, reinforcing the importance of full compliance with post-termination obligations.

Brazilian Superior Labor Court (TST) Reaffirms Its Position on 17 New Topics

Precedential Decision by Judiciary or Regulatory Agency

Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Abogados

On May 16, 2025, the Brazilian Superior Labor Court (TST) held a ruling session to consolidate its position on 17 recurring legal theses. The goal was to standardize case law and provide clear guidance to lower courts and litigants in similar disputes.

Among the topics addressed were:

  • The validity of unsigned timekeeping records
  • Refusal to reinstate pregnant employees
  • Recognition of habitual working hours by judicial decision
  • Compensation for pain and suffering due to delayed or unpaid termination funds

Brazilian Supreme Court (STF) Resumes Trial on Union Contribution

Trend

Authors: Marília Nascimento Minicucci, Shareholder, and Pâmela Almeida da Silva Gordo, Senior Associate – Chiode Minicucci Abogados

As of June 13, 2025, the Brazilian Supreme Court (STF) has resumed its trial on the union contribution, a compulsory deduction equivalent to one day's wages, regardless of union affiliation, as outlined in Article 579 of the Labor Code (CLT).

Following the 2017 Labor Reform (Law No. 13,467/2017), this deduction became conditional on the employee's prior and express consent. In 2018, the STF ruled to end the mandatory nature of the contribution. However, in September 2023, the Court reversed its position, upholding the charge for all employees—unionized or not—provided they retain the right to object (ARE 1018459).

The Attorney General's Office filed a motion for clarification, raising concerns about retroactive collection and third-party interference in the objection process. In the resumed trial, Justice Gilmar Mendes voted to prohibit retroactive charges, citing legal certainty, and emphasized that any interference by unions or employers in the employee's right to object is improper. He also noted that contribution amounts must be reasonable and proportionate to employees' financial capacity.

The trial remains ongoing, and further developments are being closely monitored.

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